Brands continue to argue about whether they have the rights to specific colors, writes lawyer Robert Zelnick. The Owens-Corning strategy for successfully branding its insulation pink doesn't work for every company, but it's an interesting model, he contends. According to Zelnick, starting with a color that is arbitrary, not functional, and weaving it consistently into an advertising message (such as "What can Brown do for you?") may persuade courts considering the issue.

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